Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What’s in these terms?

These terms tell you the rules for using our website www.feelya.com (“our Site”).

Who we are and how to contact us

www.feelya.com is a site operated by Feelya Ltd (“We“). We are registered in England and Wales under company number 10413391 and have our registered office at 73 Cornhill, London, United Kingdom, EC3V 3QQ. Our VAT number is 255249592.

Through our Site we provide a facility for users over the age of 18 to access counselling services from professional therapists registered on the Site. If you are not 18 years old then you must not access the Site and by accessing the Site you have confirmed that you meet this requirement.

We are not responsible for the services provided by the Therapists and we will not be liable to you in any way in relation to the services provided by the Therapists.  If you reserve any counselling services through the Site any concerns or complaints in relation to the services provided by a Therapist should be made to the Therapist directly or to the Therapist’s professional body.

The Therapists registered on our Site are registered with their relevant professional body to provide counselling services in compliance with relevant laws applicable in the United Kingdom and these terms are subject to English law. 

We do not provide emergency counselling services or services if you think your life or health are at risk.  In an emergency please contact your local health service provider or call the Samaritans on 116 123 in the United Kingdom.

To contact us, please email [email protected]

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

These terms of use refer to the following additional terms, which also apply to your use of our site and are set out further below:

• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

If you register with our site for the purpose of accessing counselling services our Terms of use for users of the Feelya site will apply to that registration and the purchase of services.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 6 October 2017.

We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.

We may suspend or withdraw our Site

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].

How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.

You may not in any circumstances record, whether by audio or video recording, or share with any third party any session that you have with a therapist and the therapist is not entitled to record or share with third parties any session they have with you.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this Site

Whilst we verify the details of the therapists who provide services through our Site otherwise the content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains or makes references to links to other sites and resources provided by third parties, these links or references are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site or the therapists on their individual profile pages on our site or during the video sessions they may be having with you, do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on [email protected].

Our responsibility for loss or damage suffered by you

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence. However we are not responsible for the services provided by the therapists and we will not be liable to you in relation to the content of any counselling session.  Any related complaint should be made to the therapist themselves or to their professional body.
• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy below.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy below.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses or any malware and you must not introduce them

We do not guarantee that our Site will be secure or free from bugs, malware or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you. 

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below.

If you wish to link to or make any use of content on our Site other than that set out above, please contact [email protected].

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered

You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site(below).

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.feelya.com (“our Site”). This acceptable use policy applies to all users of, and visitors to, our Site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.

www.feelya.com is a site operated by Feelya Ltd (“we” or “us”).  We are registered in England and Wales England and Wales under company number 10413391 and have our registered office at 73 Cornhill, London, United Kingdom, EC3V 3QQ. Our VAT number is 255249592.

Prohibited uses

You may use our Site only for lawful purposes.  You may not use our Site:

• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our Site;
• any equipment or network on which our Site is stored;
• any software used in the provision of our Site; or
• any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide, in addition to the video sessions, further interactive services on our Site, including, without limitation:

• Chat facility between a user and a therapist.
• Bulletin boards.
• Email facility between a user and a therapist

(“interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

As stated in the website terms of use if you are not 18 years old then you must not access the Site and by accessing the Site you have confirmed that you meet this requirement.

Content standards

These content standards apply to any and all materials which you contribute to our Site (“contributions”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use  upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our Site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.

PRIVACY NOTICE

Feelya Limited (“We“) are committed to protecting and respecting your privacy.

This policy (together with our website terms of use (and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.feelya.com you acknowledge to the practices described in this policy.

Who we are (the identity of the “Data Controller”) and our contact details

For the purpose of the Data Protection Act 1998 (the “Act”) and the General Data Protection Regulation (“GDPR”), the data controller is Feelya Limited of 73 Cornhill, London, United Kingdom, EC3V 3QQ (‘Us’, ‘We’ and ‘Our’ as the context requires).

Our Data Protection Officer for the purpose of the GDPR is George Papastafidas, who can be contacted via the contact details below [email protected].

Your therapist is a separate Data Controller and we do not control how they use the information you provide them in the course of consultations or services delivered through Us. If you have questions about how they handle your information, you should raise this directly with them.

How and why we use your information (the purpose of the personal data processing)

We use information held about you in the following ways:

• Information you give to us. We will use this information:
• to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other products and services we offer that are similar to those that you have already purchased or enquired about;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you.
  • We will only contact you by electronic means (e-mail or SMS) with information about the Site if you have consented to this.
  • Where you have consented to us sharing your data with selected third parties they may contact you by electronic means only.
  • If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the  site registration form or the order form for purchase of any services);
• to notify you about changes to our service;
• to ensure that content from our site is presented in the most effective manner for you and for your personal device through which you access our Site.
• Information we collect about you. We will use this information:
• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for your personal device through which you access our Site.;
• to allow you to participate in interactive features of our service, when you choose to do so;
• as part of our efforts to keep our site safe and secure;
• to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
• Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

In more detail: the legal basis for processing personal data

For the purposes of the Act, we process your personal data

• For the performance of a contract to which you (the “Data Subject”) are a party (i.e. the delivery of Our services to you); or
• For taking steps at the request of the Data Subject with a view to entering into a contract.
• For our legitimate business purposes – for instance corporate governance and records management.

We do not process your “sensitive personal data” (that is, information you supply about your health provided in the course of obtaining the counselling services).

Automatic decision taking and profiling

We do not undertake automatic decision taking or profiling.

What personal data we obtain (“categories of personal data”)

We will collect and process the following data about you:

• Information you give us. This is information about you that you give us by filling in forms on our site www.feelya.com (“our site”) or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards, chat or email sessions with therapists or other social media functions on our site, enter a promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, and personal description.
• Information we collect about you. With regard to each of your visits to our site we will automatically collect the following information:
• technical information, including the Internet protocol (IP) address used to connect your computer or other personal device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and
• information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to page page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page.
• Information we receive from other sources. This is information we receive about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data]. We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies). We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or device if you agree. Cookies contain information that is transferred to your computer’s hard drive. We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services;
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily;
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region); and
• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

We will use this information collected from you:

• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for you and for your computer; and
• as part of our efforts to keep our site safe and secure.

Except for the purposes set out above, we will not process or use your personal data.

We will keep information about you until you confirm to us that you do not want us to retain your information for the above purposes.

Disclosure of your information

We may share your personal information with:

• The therapist who you select via our site.
• Any member of our group, which means any subsidiaries, any ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
• Selected third parties including:
• advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.  We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience;
• analytics and search engine providers that assist us in the improvement and optimisation of our site;

We will disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
• If Feelya Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Feelya Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Retention periods

We will keep information about you for as long as you remain registered with Us.

Security, where we store your personal data

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You can access information we hold about you, and control aspects of how your information is used.

Your right to access information we hold about you

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act.

Your right to control marketing and other communications

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data.  You can also exercise the right at any time by contacting us at [email protected].

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

Changes to our privacy policy

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact us, and if you have concerns about how your information is used.

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected]. We would encourage you to contact us in the first instance, but if you are unhappy about how we use your information, you can also contact the Information Commissioner – see www.ico.org.uk

Appendix 1

Terms and Consent for parent/legal guardian consent for Adolescent/Child Therapy Services

These terms tell you the rules for Adolescent/Child online therapy sessions via our website www.feelya.com (“our Site”). By acknowledging the terms below, you are indicating that you read and understood these consent terms or that any questions you had about this consent were answered to your satisfaction. You are giving an expressed permission to our registered therapists to treat your child or children under the age of 18,

Through our Site we provide a facility for users over the age of 18 to access counselling services from professional therapists registered on the Site. Adolescent/child online councelling sessions via our Site can only be conducted by an adolescent or child after their parent/legal guardian over the age of 18 consents to the adolescent/child online counselling sessions by acknowledging the terms and conditions described below.

The registered Site user should be always the parent/legal guardian. Once they register on the Site and reserve an online counselling session with a therapist of their choice, they will consent and allow their child to conduct the online video/audio therapy session.

We are not responsible for the services provided by the Therapists, and we will not be liable to you or your child/children in any way in relation to the services provided by the Therapists. If you reserve any counselling services through the Site for you or your child/children, any concerns or complaints in relation to the services provided by a Therapist should be made to the Therapist directly or to the Therapist’s professional body.

The Therapists registered on our Site are registered with their relevant professional body/bodies to provide counselling services in compliance with relevant laws applicable in the United Kingdom and these terms are subject to English law.

We do not provide emergency counselling services for your or your child/children or services if you think your life or health or your child’s or children’s life or health are at risk. In an emergency, please contact the local emergency services or your local health service provider or call the Samaritans on 116 123 in the United Kingdom.

To contact us, please email at [email protected]